What are the elements of a wrongful foreclosure cause-action?
California, United States of America
The following excerpt is from Le Beau v. Bank of Am., N.A., G050079 (Cal. App. 2014):
Further, plaintiffs have not alleged the Property has been sold, generally an element of a wrongful foreclosure cause of action. (Chavez v. Indymac Mortgage Services (2013) 219 Cal.App.4th 1052, 1062 [elements of wrongful foreclosure are illegal or fraudulent sale of property pursuant to a trust deed, harm to plaintiff, and plaintiff's tender of debt amount or excuse therefrom].) And plaintiffs have not tendered the amount due under the Note.
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